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Crime Laboratory v. Blenden6/24/1999
issed, arguing that a retrial would constitute double jeopardy. It was also revealed during the hearing that, although the witness sequestration rule had been invoked, Hales had been in the court room during Howell's testimony. The prosecution became aware of this fact prior to putting Hales on the witness stand, but it failed to inform the trial court of the violation.
. After the hearing the trial court denied the defense's motion to dismiss the case on double jeopardy grounds. However, the trial court granted the defense's motions for sanctions and to exclude the blood tests in the retrial. The trial court found that the crime lab failed to follow its policy for using multiple standards of differing concentrations; neither Howell nor Hales knew who had calibrated the machine until after the State had rested; and that the actions of the Crime Lab were intentional or so grossly negligent that they amounted to intentional acts. The trial court further found that the discovery violations forced the declaration of a mistrial in the first trial.
. At a subsequent hearing, on September 24, 1996, on the State's motion to reconsider, Hales testified once again. Hales noted that he had in fact calibrated the machine, a fact which he discovered after having an opportunity to review the sequence log from the calibration. Hales also attempted to clarify his prior testimony regarding the definition of "standards" (plural) as referenced in the Crime Lab's Procedures. Hales stated that although the word "standards," in step three above, referred to different concentrations, it could also mean the use of the same concentration multiple times. When asked by the defense why Hales did not tell the court about this during the trial, Hales testified that he did not know that there was a misunderstanding as to his definition of a standard. Hales also testified that he was following standard Crime Lab procedures when he destroyed the printouts regarding the known standards, even though the written Procedures did not state that the printouts on known standards were to be destroyed. Additionally, Howell testified at the hearing that he had authored and prepared the Crime Lab's standard operating procedures and that the procedures did not require the retention of the printouts generated for the known standards.
. Brandon also pointed out that his copy of the sequence file printout, which was purported to be a true and correct copy, had various material information redacted. Howell had "whited out" his initials and the initials of Hales and information related to other blood samples. Howell stated that by so doing he was deleting all information which he felt was irrelevant to this particular case.
. On September 30, 1996, the trial court entered an order overruling the State's motion to reconsider. In so ruling the trial court found that the testimony of the Crime Lab personnel was totally different from that given at the first trial; documents produced were arbitrarily altered by Howell; the Crime Lab failed to follow their procedures by using only one standard in analyzing Brandon's blood; and that it was ironic that Brandon's blood alcohol content was purported to be .15 percent, the same as the concentration of the known standard used in the analysis.
. The retrial was held on October 7, 8, and 9, 1996. Brandon was found guilty at the Conclusion of the retrial and was later sentenced to twenty-five years, with five suspended, in the custody of the Mississippi Department of Corrections. Afterwards, on October 28, 1996, the trial court entered a Supplemental Order for Sanctions, finding that the actions of the Mississippi Crime Lab, by and through its employees, were intent
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